TRAI's proposed amendments in Cable Television Networks (Regulation) Act

The Telecom Regulatory Authority of India (Trai) has proposed amendments in the Cable Television Networks (Regulation) Act and telecom licence agreement to keep IPTV (Internet protocol television) outside the definition of cable services. Such a move would mean that cable operators would not be responsible for IPTV content, but access service providers would ensure compliance with the programming and advertising code.Trai has said that amendments are perceived as necessary by the industry, as set-top box must be used even for free-to-air channels in the case of IPTV. As per the Cable TV Act, free-to-air channels do not need an addressable system and, therefore, set-top boxes.

Also, lack of standardisation of equipment in IPTV has been cited as a problem area by the industry. While the Cable TV Act talks about use of equipment conforming to Indian standards, different protocols are used by companies in the case of IPTV, thereby violating the Act. The industry is also not clear on applicability of FDI norms, programme codes and downlinking guidelines to IPTV. Industry stakeholders argued during a consultation process on the issue that an amendment to the Cable TV Act is necessary because of the time gap between the introduction of cable TV and IPTV in the country.

When the Cable TV Act was prepared, IPTV service was not even conceived, they pointed out. So, the Act is primarily aimed at regulation of conventional Cable TV systems, and not IPTV, according to the Trai proposal. The specific concern is over the section 2 (b) of the Cable TV Act which states, “cable service means the transmission by cables of programmes including re-transmission by cables of any broadcast television signals”. The regulator has suggested that Section 2 (b) should be revised to “Cable service means the transmission by cables of programmes including re-transmission by cables of any broadcast TV signals, but does not include video services offered under Unified Access Service licence holders on their networks”.

Another definition, according to Trai, could be, “cable service means the transmission by cables of programmes including re-transmission by cables of any broadcast TV signals, but does not include video services offered by any licensee under the Indian Telegraph Act, 1885, or the Indian Wireless Telegraphy Act, 1933, under the said licence”.

Trai has also suggested an amendment to the Unified Access Service Licence (UASL) agreement. The existing clause 2.2 (a)(iii) of UASL states that “the access service providers can provide broadband services including triple play-voice, video and data”. Trai has proposed it must change to, “the access service providers can provide broadband services including triple play-voice, video and data. The video services include re-transmission of any broadcast TV signals. The access service providers shall ensure compliance with the programme code, advertisement code and other guidelines issued on broadcasting content by the government in respect of video services provided by them”. But before finalising its recommendation, the regulator has sought industry inputs by June 23 on the issue.